In answering the question, I will explain the difference between subjective and objective views of agreement. Identify which is used in English Law and why? Examine the relevant theories applicable to objective views on agreement. Look at the types of evidence that are used to make objective assessments and finally identify any exceptions to rule.

When determining whether an agreement exists between parties we must look at the intentions of each party. It is possible to analyse the intentions of parties from either a subjective or objective viewpoint. The subjective viewpoint looks at what the party’s themselves actually intended to obtain from an agreement and can be accomplished by simply asking each party what their intentions were. This however could lead to an untruthful representation of a party’s intention, which if provable, may in turn lead to legal action for fraud. Although, how would it be possible to prove a person’s opinion is a lie? As Brian CJ stated in 1478, ‘the intent of a man cannot be tried, for the Devil himself knows not the intent of a man’ (Anon, 1478).

Contractual agreements are made to convey a promise between parties. If the subjective approach were taken then a party could be made exempt from liability for breaking an agreement by saying that they had originally not intended to make such an agreement. No reliance would be able to be placed on a promise. The politico-economic implications of the ability to exclude oneself from an agreement in such a way ‘would impede commerce, invite fraud, and unfairly defeat good faith reliance on the natural meaning of a promise’ (Adams & Brownsword, 2004). It can be seen that a subjective approach has many limitations. English law has therefore adopted the objective approach to determining whether an agreement exists between parties, which can be emphasized by May LJ: ‘Subjective intention or understanding, unaccompanied by some overt objectively ascertainable expression of the...

YOU MAY ALSO FIND THESE DOCUMENTS HELPFUL

...﻿Business Law
“To create a binding agreement the acceptance must occur, and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian Contract Law.”
As a legacy of being a British colony, Australian Law has been very much guided by legislation and case law from England for over two centuries. Even though a number of Acts were passed in the British Parliament gradually enabling the Australian States, and from 1901 the Commonwealth, to enact their own legislation, it wasn’t until the 1980’s when the Australia Act 1986 was passed through all Australian Parliaments that full law-making independence was given.1 Australian Contract Law had its foundations in the laws of contracts that also emerged in England, with many precedents being set via common law in and around the 1870’s and amended, refined or enhanced in the years since in both English and Australian courts.2
It is quite clear under Australian Contract Law that once a final and unconditional acceptance of an offer is made, a binding agreement exists between the parties. Negotiations may take place a number of times before a final agreement is reached and it is irrelevant as to who makes the final offer, as long as an unequivocal acceptance is made. However, it must be...

...﻿ A contract is an agreementbetween two or more parties to perform a service, provide a product or commit to an act, and is enforceable by law. There are several types of contracts, and each have specific terms and conditions. All contracts, whether verbal or written, must include specific components that will make them legally enforceable in a court of law. If any of the components are missing, the courts will consider the contract unenforceable. To be enforceable, a contract must be legally valid, and it must consist of an offer , acceptance , and consideration. When a salesperson asks you to sign on the dotted line, it is important to understand the contents of the agreement you are signing. After all, the agreement you are entering into is a contract! In other words, a contract is enforceable when both parties agree to something, back the promise up with money or something of value, both are in sound mind and intend to carry out their promise and what they promise to do is within the law. Most commonly, a contract is written and signed by the parties. However, there are several other types of contracts that are considered enforceable. There are even some that are not considered enforceable and serve only as a way for a court to determine the obligation on the part of either party.
Offer and...

...Seva Bharat recognizes the critical importance of protecting the privacy of individuals and securing the confidentiality of all
official records. Employees of the Department of Information Technology (IT) will make appropriate efforts to protect and
secure official data and information.
IT positions frequently have privileged access to computing systems, applications, databases, network monitoring tools and
other equipment that may contain records and information that are private and confidential in nature. As an employee of
Seva Bharat’s Department of Information Technology, I may be entrusted with such privileged access and encounter or
have access to sensitive, confidential or proprietary information whether or not it is labeled or identified as such.
I acknowledge the sensitive and confidential nature of information concerning Seva Bharat / LCT / SBPT / SST / MI
employees, consultants, alumni, donors, vendors, and other stakeholders of the Seva Bharat community. I understand and
agree that this information may only be disclosed with proper authorization and in the exercise of my designated duties.
I agree not to use any access or information available to me in the course of my duties to engage in any activity that conflicts
with the interests of Seva Bharat or use any access available to me to provide information to others engaged in any activity
that conflicts with the interests of Seva Bharat.
Specifically, with respect to office computing...

...AGREEMENT OF SALE
This Agreement of Sale is made and executed on this the 16th Day of March, 2013 by and between :
Smt. CH. PADMAVATHI, W/o. Sri. Srinivasa Rao, aged about 51 years, Occ: Business, R/o. Plot no. 174, Road No. 72, Prashasan Nagar, Jubilee Hills, Hyderabad – 500033.
(Hereinafter called the VENDOR which term shall mean and include all her legal heirs, representatives, executors, administrators and assignees etc.).
INFVOUR OF
Sri. MANDALA SRIRAMULU, S/o. Late Sri. Narayana, aged about 42 years, Occ: Business, R/o. Flat No. 415, Tarajeet Residency, Keshav Memorial Lane, Narayanaguda, Hyderabad.
(Hereinafter called the VENDEE which term shall mean and include all his legal heirs, representatives, executors, administrators and assignees etc.).
Cont....2.
::2::
WHEREAS the Vendor herein is the sole and absolute owner and peaceful possessor of House No. 3-4-35 on Plot No. 34/B, Sy.No. 36/A, admeasuring 133 Sq. Yards or 111.2 Sq. Meters, situated at Manikonda Jagir Village, Rajendra Nagar, Mandal, Ranga Reddy District. Subsequently the vendor has constructed a house with a plinth area of 1116.31 Sft Ground Floor, 1116.31 Sft First Floor, 1116.31 Sft Second Floor and 455.76 Sft Third Floor total Plinth Area 3804.69 Sft as sanctioned by the President Panchayat Board, Manikonda.(Hereinafter called the said property), having purchased the same property from Sri. B. Veeraiah, S/o. Sri. B....

...SECTION 2: THE AGREEMENT
An agreement is the essence of every contract. The parties to a contract are the offeror (who makes an offer) and the offeree (to whom the offer is made). If, through the process of offer and acceptance, an agreement is reached, and the other elements are present (consideration, capacity, legality), a valid contract is formed.
KEY VOCABULARY
Material:
Subject (matter):
Offeror:
Offeree:
Firm offer:
Party (parties):
Revoke:
Entitled:
Disclaim:
WARM-UP QUESTIONS:
1. Mistress Miller offers her first born child to Rumpelstiltskin, in return for a pile of gold. Miller says, “I promise you faithfully that I will leave the offer open for a week.” Three days later, before Rumpelstiltskin has made up his mind, Miller sells her baby to Cinderella, who is unable to bear children of her own. Assuming it is legal to sell children, was Miller entitled to revoke her offer to Rumpelstiltskin?
2. Napoleon and King George are dividing up the New World. “I offer you Delaware and Massachusetts for $50,000,” George writes to Napoleon. Napoleon writes back, “Throw in New York and you got a deal.” Is there a contract?
3. Butcher phones Jack, and offers to sell Jack a handful of magic beans in return for a cow. Jack says, “I don’t know,” and Butcher responds, “Well, call me and let me know your decision.” Jack mails his acceptance to Butcher the...

...Sales Agreement
THIS SALES AGREEMENT (the "Agreement") dated this 12th day of March 2012
BETWEEN:
|Brenda’s Widgets, Inc. (BWI) of 123 Main St., Podunk, Iowa |
|(the 'Seller') |
|OF THE FIRST PART |
|- AND - |
|Jim Doe of 456 First St., Secondville, Michigan |
|(the 'Purchaser') |
|OF THE SECOND PART |
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement, the parties to this Agreement agree as follows:
Sale of Goods
1. The Seller will sell, transfer and deliver to the Purchaser on or before June 1, 2007, the following goods (the 'Goods'): 10,000 widgets
Purchase Price
2. The Purchaser will accept the Goods and pay for the Goods with the sum of fifty thousand ( $50,000.00 ) USD, paid as follows:
a. down payment of $5,000.00 on March 13, 2012; and...

...﻿WHEN DOES AN AGREEMENT BECOME A CONTRACT?
(1) There must be some consideration for it
According to Section-2(d) of the Indian Contract Act, 1872 “When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.”
According to Section-25 “Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.—An agreement made without consideration is void, unless—" 1. it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection betweenparties standing in a near relation to each other; or unless 2. it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or unless...

...Mount Kenya University
Nairobi Campus
Department of Law
Bachelor of LawLaw of Tort II
Professor Manyasi (Lecturer)
Adm./113/01151
Question: What is the relationship between easement and the law of tort?
Discuss.
An easement is an interest in land which is created by express agreement, prior use, or necessity that permits one person to make use of another’s estate. An affirmative easement gives one person the right to use another’s land; a negative easement prevents the owner from using his land in a way that will affect another person’s land. In understanding easement law, the important distinctions are between easements appurtenant and in gross, and between dominant and servient owners (in U.S.A. jurisdiction).
Easement appurtenant
In the U.S., an easement appurtenant is one that benefits the dominant estate and "runs with the land", i.e., an easement appurtenant generally transfers automatically when the dominant estate is transferred.
Easement in gross
An easement in gross benefits an individual or a legal entity, rather than a dominant estate. The easement can be for a personal use (for example, an easement to use a boat ramp) or a commercial use (for example, an easement to a railroad company to build and maintain a rail line across property.
Affirmative easements
An affirmative easement is the right to use...

Study Tools

Company

Follow

{"hostname":"studymode.com","essaysImgCdnUrl":"\/\/images-study.netdna-ssl.com\/pi\/","useDefaultThumbs":true,"defaultThumbImgs":["\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_1.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_2.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_3.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_4.png","\/\/stm-study.netdna-ssl.com\/stm\/images\/placeholders\/default_paper_5.png"],"thumb_default_size":"160x220","thumb_ac_size":"80x110","isPayOrJoin":false,"essayUpload":false,"site_id":1,"autoComplete":false,"isPremiumCountry":false,"userCountryCode":"CN","logPixelPath":"\/\/www.smhpix.com\/pixel.gif","tracking_url":"\/\/www.smhpix.com\/pixel.gif","cookies":{"unlimitedBanner":"off"},"essay":{"essayId":33314236,"categoryName":"Products","categoryParentId":"3","currentPage":1,"format":"text","pageMeta":{"text":{"startPage":1,"endPage":4,"pageRange":"1-4","totalPages":4}},"access":"premium","title":"In Determining Whether There Is an Agreement Between Parties, Is English Law Commited to an Objective View of Agreement?","additionalIds":[17,7,93,27],"additional":["Literature","Education","Education\/Greek System","Sports \u0026 Recreation"],"loadedPages":{"html":[],"text":[1,2,3,4]}},"user":null,"canonicalUrl":"http:\/\/www.studymode.com\/essays\/In-Determining-Whether-There-Is-An-186795.html","pagesPerLoad":50,"userType":"member_guest","ct":10,"ndocs":"1,500,000","pdocs":"6,000","cc":"10_PERCENT_1MO_AND_6MO","signUpUrl":"https:\/\/www.studymode.com\/signup\/","joinUrl":"https:\/\/www.studymode.com\/join","payPlanUrl":"\/checkout\/pay","upgradeUrl":"\/checkout\/upgrade","freeTrialUrl":"https:\/\/www.studymode.com\/signup\/?redirectUrl=https%3A%2F%2Fwww.studymode.com%2Fcheckout%2Fpay%2Ffree-trial\u0026bypassPaymentPage=1","showModal":"get-access","showModalUrl":"https:\/\/www.studymode.com\/signup\/?redirectUrl=https%3A%2F%2Fwww.studymode.com%2Fjoin","joinFreeUrl":"\/essays\/?newuser=1","siteId":1,"facebook":{"clientId":"306058689489023","version":"v2.9","language":"en_US"}}